The one special order that will continue to be signed by the Secretary or his designee, and not by the division, is an order determining claims in a recovery proceeding, under s. ATCP 1.08, Wis. Adm. Code. Pursuant to subch. VII of ch. 126, Wis. Stats., the Division of Trade and Consumer Protection initiates the proceeding and drafts a proposed order. Only the Secretary or appointed final decisionmaker may sign the final order in these cases, even where a contested case hearing is not needed. These claims determination orders are always a final order of the Department, as are all decisions in other contested case proceedings, and all are issued by the Secretary or final decisionmaker, pursuant to § 227.47(1), Stats. In addition, if the division administrator may be designated to sign an initial special order, the division administrator must also designate another person to sign the complaint seeking the special order. The proposed rule makes this amendment to the rule on division complaints.
Summary of, and Comparison with Existing or Proposed Federal Statutes and Regulations
A variety of federal regulations govern procedures for federal administrative orders. However, none of those regulations has a direct bearing on this rule.
Comparison with Rules in Adjacent States
Surrounding states, including Illinois, Indiana, Iowa, Michigan, and Minnesota, have their own procedural regulations related to administrative “contested cases” in those states. None of those regulations has a direct bearing on this rule. Wisconsin is generally regarded as having more well-developed “contested case” procedures and standards than most other states.
Summary of Factual Data and Analytical Methodologies
This rule does not depend on any complex analysis of data. This rule makes minor changes to current rules.
Effect on Small Business
This rule change is anticipated to have no effect on small business. To the extent that the proposed rule allows the Secretary to fully exercise his or her appellate jurisdiction, this may have a positive impact in having the Secretary be able to review special orders in light of harmonizing, within the law, a final decision in a case involving a small business with broader public policies on issues involving small businesses.
DATCP Contact
Cheryl Daniels, Assistant Legal Counsel
Office of the Secretary
Department of Agriculture, Trade and Consumer Protection
P.O. Box 8911
Madison, WI 53708-8911
Where and When Comments May Be Submitted
Questions and comments related to this this rule may be directed to:
Kelly Monaghan, Office Management Specialist
Office of the Secretary
Department of Agriculture, Trade and Consumer Protection
P.O. Box 8911
Madison, WI 53708-8911
Telephone: (608) 224-5023
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Section 1. ATCP 1.03(2) (intro) is amended to read:
(2) Who May issue a special Order. Except as provided under par. (b) or by department rule, no person other than the The secretary or final decisionmaker may issue a special order on behalf of the department. Except for any order described in sub. (1) (a) 4., the secretary, in writing, may designate any division administrator, or other employee in a specified position in the department, to issue any order described in par. (1) (a).
Section 2. ATCP 1.03(2) (a) and (b) are repealed.
Section 3. ATCP 1.05(1) is amended to read:
(1) Division complaints. To obtain a special order from the secretary or final decisionmaker, other than in a recovery proceeding, a division shall file a written complaint with the secretary. The complaint shall be signed by the division administrator or designee, or other employee in a specified position in the division when the division administrator or designee is designated to sign the final order, and shall comply with sub. (3). Section 4. ATCP 1.05(3) (f) is amended to read:
(f) A concise statement describing the order requested of the secretary, designee, or final decisionmaker, and the department's authority to issue that order.
Section 5. Effective date and initial applicability. This rule takes effect on the first day of the month following publication in the Wisconsin administrative register, as provided under s. 227.22(2)(intro.).
